IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Appeal No. S-49 of 2022

Appellants:                                   Ahmed Ali and another,

                                           Through Mr. Muhammad Afzal                                               Jagirani, advocate,

State:                                  Mr. Aitbar Ali Bullo, D.P.G for the                                            State

Complainant:                      Qamaruddin

                                           Through Mr. Asif Ali Abdul Razak                                            Soomro, advocate

Date of hearing:                  24-03-2023

Date of order:                      24-03-2023

O R D E R

Zulfiqar Ali Sangi, J. Through instant application (M.A. No.4027/2022), filed under section 426 Cr.P.C., appellants seek suspension of sentence awarded to them vide judgment dated 17.09.2022, by the learned Additional Sessions Judge, Kashmore, in Sessions Case No. 234/2021, emanating from Crime No.129/2021, registered at Police Station A-Section Kandhkot, for offence under sections 397, 398, 337-A(iii), 337-L(2), 506/2 P.P.C.

2. Learned counsel for the appellants has mainly contended that the sentence awarded to the appellants by the learned Trial Court is seven years, which is short one.  In support of his contentions, he has relied upon the case law reported as Abdul Hameed v/s. Muhammad Abdullah (1999 SCMR 2589), Hammad Versus The State (2020 YLR Note 138) and Muhammad Saleem versus The State (2020 YLR Note 129). He has prayed that appellant be released U/S 426 Cr.P.C for suspending his sentence during the pendency of appeal.

3. Learned counsel for the complainant has raised no objection, while learned D.P.G. has opposed the suspension of sentence.

4. I have heard learned counsel for the parties and have perused the material available on record with his able assistance.  

5. Since the sentence is short one for seven years, the appeal has been admitted for regular hearing and definitely it will take time due to pendency of bulk of cases and there is no probability of early hearing of instant appeal, therefore, the sentence awarded to the appellants vide Judgment dated 17.09.2022 is hereby suspended and the appellants are admitted to bail on his furnishing a solvent surety in the sum of Rs.50,000/- (Rupees fifty thousand only) each and P. R. Bond in the like amount to the satisfaction of Additional Registrar of this Court.

6. M. A. No. 4027/2022, stands disposed of in the above terms.

7. Main Appeal is adjourned to 17.04.2023.

   J U D G E

Abdul Salam/P.A